Judge's letter-writing 'odd' but allowed, law expert says of Zimmerman letters

 Stacey Zimmerman
Stacey Zimmerman

SPRINGDALE -- A judge taking a city to task by letter for releasing records related to a court case was unusual, but not improper, a former head of the Arkansas Judicial Discipline and Disability Commission said Thursday.

Washington County Juvenile Judge Stacey Zimmerman sent two letters to Springdale, one each in May and June. Those letters questioned the city's judgment in releasing records in May that related to juveniles.

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Read Zimmerman’s letter at nwadg.com/documents.

The Northwest Arkansas Democrat-Gazette requested records, including a May 27 recording of a 911 call involving the Duggar family of Tontitown. The Duggars were stars of the now-canceled 19 Kids and Counting cable television show. The city refused the request and the letters were a factor in that decision, according to later court testimony.

The newspaper sued the city on Sept. 3 after its request was refused. Washington County Circuit Judge Beth Storey Bryan ruled in the newspaper's favor in a hearing Tuesday.

The letters put the city "on the horns of dilemma" in complying with a state Freedom of Information Act request filed June 9, according to Susan Kendall of Rogers, an attorney for Springdale. She argued at the hearing before Storey the city believed it could either comply with the FOIA and release the record or follow Zimmerman's views and not release it.

Zimmerman hasn't responded to repeated requests for comment since Tuesday.

The newspaper obtained copies of Zimmerman's letters and the 911 recording through the lawsuit.

"Given the hundreds of police reports related to these types of proceedings, it is imperative that you clarify the City of Springdale's position on juvenile records generated by and kept by City of Springdale departments related to Family in Need of Services, Delinquency and Dependent/Neglect proceedings," she concludes her first letter.

Her second letter begins by noting she hasn't received a response to the first one.

"As far as I can remember in the over 24 years I've been in juvenile court as a deputy prosecutor, attorney ad litem for children and as a judge, these types of juvenile records involving a FINS [families in need of services] case filed by the prosecutor at the request of law enforcement have not been released by city and county agencies," Zimmerman's second letter said.

David A. Stewart of Fayetteville is a retired judge, an adjunct professor at the University of Arkansas School of Law and a former executive director of the Arkansas Judicial Discipline and Disability Commission. He reviewed Zimmerman's letters Thursday at the request of the Northwest Arkansas Democrat-Gazette, along with a transcript of an Aug. 18 hearing on a related matter in Zimmerman's court.

"The letters are unusual, but I don't consider them unethical," Stewart said.

Zimmerman wrote the letters after Springdale released copies of a police report on the Duggar family. That report revealed Josh Duggar, the oldest Duggar child, had fondled five victims years before when he was a teenager. The case was never prosecuted.

Zimmerman ordered Springdale to stop further releases and destroy any remaining copies of the police report it possessed in a court order on May 21. Her first, three-page letter questioning the city's action was sent May 27, the day the 911 call was made. The second, eight-page letter was sent June 11, the day after a copy of the 911 call was published by In Touch magazine of Englewood, N.J.

A judge usually would reopen a closed case and formally take action if she had inquiries or concerns rather than write a letter about it, Stewart said.

"That would be the traditional method," he said, adding he wouldn't speculate on why Zimmerman didn't do that. "Springdale certainly had reason to be reticent about releasing more records after receiving these," Stewart said.

Matt Durrett, Washington County prosecutor, didn't know Zimmerman's reason for sending the letters but was willing to speculate, he said Wednesday. Durrett's office received a copy of the second of Zimmerman's letters when it was sent June 11.

"Consider the nature of juvenile court," Durrett said. "It's a court in which everything is normally sealed. Almost none of its records are public. It doesn't have a whole lot of ways it can get a message across to people who aren't a party to the original case. I'm not saying that's why she sent the letters. I don't know that. But that's one reason why she might."

Springdale tried to become a party in a case before Zimmerman's court related to the Duggars, but was denied. After rejecting the newspaper's June 9 request for the 911 recording, the city requested an advisory opinion from Zimmerman's court on whether it should release it. Zimmerman held a hearing on the city's request Aug. 18 and declined to issue an opinion.

The request for an opinion on the 911 call and the earlier release of the police report are two separate issues, Stewart said after reviewing a transcript of the Aug. 18 hearing. Zimmerman ruled the FOIA issue wasn't a matter for her court because it wasn't a part of the earlier case.

NW News on 10/09/2015

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